The Colorado General Assembly is gearing up for the 2024 legislative session to convene in January. It has been a busy interim; Hicks & Associates has been monitoring and attending multiple interim committees and rulemakings as well as monitoring other state boards. Interim committees are coming to an end for the year and are drafting legislation for the 2024 Legislative Session. Over the next month, interim committees will vote on whether to move forward with the drafted legislation. Hicks & Associates monitored all interim committees but closely monitored the Sales and Use Tax Simplification Task Force, the Legislative Interim Committee on Ozone Air Quality, Transportation Legislation Review Committee, and the Water Resources and Agriculture Review Committee (which, as of this year, is a year-round committee).

Below are some highlights on the interim committees and the drafted legislation.

Water Resources and Agriculture Review Committee.

The Water Resources and Agriculture Review Committee has drafted 16 bills but will be able to approve only 10 that can move forward with the committee’s endorsement. Bill Draft 6 – Concerning Non-Functional Turwf in New Developments is one we have been engaged on with the sponsors, and we will be part of the stake holding group as this draft moves forward. There are multiple water bills that are being drafted, and we will continue to monitor and stay engaged on them (see “Colorado Legislature works to secure the state’s water future,” page 39).

Sales and Use Tax Simplification Task Force

The Sales and Use Tax Simplification Task Force has drafted five bills, including one to address/fix/hold harmless, a bill to address local filing participation and a bill addressing information for vendors on sales and use tax, building permits and lodging tax. ALCC continues to support simplification of the Sales and Use Tax in the state. Water and sales taxes on the docket for 2024 session

Bills passed during the 2023 session

SB23-016 Greenhouse Gas Emissions Reduction Measures 

Over the last two sessions, ALCC/GreenCO has been working with the General Assembly on this bill, which didn’t make it through the process in 2022 but did this year. SB23-016 had many different components, but the main concern for ALCC/GreenCO was the push for electrifying small engines and lawn equipment. In 2022, the bill was looking to ban gas-powered lawn equipment, but we were able to turn this into a tax-incentive program. This bill went into effect on August 7. Even though we were able to keep the incentive program in the bill, we have seen the gas-powered lawn and garden equipment issue come up at the Air Quality Control Commission (AQCC).

The AQCC will have a rulemaking hearing in December on placing new restrictions on the use of handheld and push gas-powered equipment starting in 2025. This follows the executive order that was issued by Gov. Jared Polis in September that bans the use of such equipment at state facilities in the U.S. Environmental Protection Agency’s ozone nonattainment area by June 2025. ALCC/GreenCO are engaged on this issue; please reach out if you would like additional information and would like to be part of the stakeholder process.

SB23-178 Water-Wise Landscaping in HOA Communities

ALCC/GreenCO were engaged with the sponsors and stakeholders as this bill went through the process. It went into effect on August 7. We have continued to see bills like this over the past couple of sessions, including HB1151- Turf Replacement Program, which could come back this year for additional General Fund moneys.

SB23-192 Sunset Pesticide Applicators’ Act

ALCC/GreenCO have been working on this bill for over two years. We were able to work with a large coalition on the passage of this bill with few changes being made from the previous Pesticide Applicators’ Act. Over the interim, we have attended rulemaking/stakeholder meetings, which include the issue of Neonicotinoid Limited Use Designation and changes made to the notification system/rules of the Pesticide Sensitive Registry. The bill went into effect on August 7. Pesticides will continue to be an issue that we will have to work on in the 2024 Legislative Session.

As we get closer to the 2024 Legislative Session, we ask that all ALCC/GreenCO members stay engaged. The more engagement we have from members, the better outcomes we will have at the legislature.

If you have any questions or would like additional information, please feel free to reach out to us at [email protected].